The Local Government Pension Scheme (Transitional Provisions etc.) (Amendment) Regulations 1998

Former NHS scheme members

6.  In regulation 23—

(a) in paragraph (1)(a) for “1 October 1994” substitute “1st August 1991”;

(b) in paragraph (1)(c) at the end add “or in respect of whom an election or determination is made under paragraph (1A)”;

(c) insert after paragraph (1) the following paragraphs—

“(1A) Subject to paragraph (1C), where a person who satisfies the provisions of paragraph (1)(a) and (b) has had a transfer value accepted by his fund authority before 28th March 1997, he may elect or, in the event of death, his appropriate administering authority may determine, that—

(a) the transfer value in respect of him shall be treated as an interim payment, and

(b) the provisions of paragraph (1) shall apply to him.

(1B) An election shall be made by notice in writing to the appropriate administering authority given within the period of three months beginning with the day on which the member or former member receives notice from his appropriate administering authority of his entitlement so to elect.

(1C) An election may be made by, or a determination made in respect of, a person who has ceased to hold a local government employment if he was entitled under regulations D5, D6, D7 or D9 of the 1995 regulations or regulations 25, 26, 27 or 31 of the 1997 regulations to the immediate payment of benefits upon such cessation.”;

(d) in paragraph (4)(a), delete “(a)” after “10(3)”(1);

(e) in paragraph (5), delete “but for no other purpose”.

(1)

Paragraph 10(3) of Schedule M2 to the 1995 regulations was amended by S.I. 1998/530, regulation 5.